Font Size: a A A

The People Jury System In China’s Judicial Practice And Improvement Of The Inquiry

Posted on:2013-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XuFull Text:PDF
GTID:2246330395470598Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The implementation of the jury system is a common practice in most countries of the world, but in modern times, due to the defects of the jury system in practice, as well as the conflicts that can not be overcome, leading to the implementation of the system is getting smaller and smaller. The jury system in our country is the people’s jury system is an important judicial system of the judicial organs of the state, absorption of ordinary citizens to participate in the case, with the socio-economic and national development of the process of the rule of law, the masses of the people’s growing demand to participate in the national management Jury System in China over the past decade, both at the legislative level or at the level of judicial practice, greater development. Legislative, China has initially built the system of people’s jury system with Chinese characteristics, in judicial practice, the author of departure by the jury in an area of nearly five years working data, analyze the situation of the institutions of the district court, the people’s jury considerations of the basic structure of the team to determine the number of places of people’s jurors, people’s jurors generated elected, as well as the start of jury cases, the scope of the case, the people’s jury assessor,"randomly selected" usage, the people jurors to ensure funding for the implementation of the operation, summed up the effect of people in the region Jury made and the main problems found in recent years, the people’s jury and the jury system itself gradually recognized by the parties and the public, the people involved in the administration of justice enthusiasm rising, not sound legislation, however, our legal traditions arrest caught, the jury system in the actual operation of the process also produced some of the problems, there is a gap with the design of the system is expected to make the value of people’s jury system. Therefore, is a long-term process of improving the people’s jury system is a whole society to participate in the system engineering, not law experts nor the national judiciary more than the national legislature which one to go it alone will be able to wishes are fulfilled, the whole society collaboration, cooperate, and to improve and implement truly promote the people’s jury system. I believe that, to improve the system of people’s jurors, under the existing framework, starting from three aspects:First, it is necessary to improve the system of people’s jurors legislation, clear Jury duties range from the lower academic restrictions, perfect "randomly selected" use way and supplementary provisions (re-election to limit the people’s jury, clearly assessor, to improve the assessment of the people’s jury constraint mechanism, establish a reasonable exit mechanism) to start more extensive, so that the people’s jury, democratic and representative, to make the system more operational norms in practice, from the fundamental solution to the existing "accompany without trial, not debate accompany" chronic problem; Second, to strengthen the special legal propaganda, the people’s congresses at all levels, government, executive authorities, the judicial system and the news media to carry out their duties, functioning, and play to the strength of the community through various promotional activities, and effectively improve public awareness and concern of the people’s jury system, training people about the judicial participation in the judicial social soil; Third, the court system to strengthen collaboration with relevant institutions, good elected, management, assessment of the relevant people’s jurors, the establishment of regional development team to establish the scientific jury, in the work of the People’s Jury evaluation and examination system, changing a single indicator assessment, to promote the implementation of the various rules and norms, and to continue to improve the implementation of the implementation of the entire jury system environment for the multi-indicator evaluation.
Keywords/Search Tags:The jury system of people’s assessors, consummation judicial, democracy
PDF Full Text Request
Related items